ESTATE OF WITTMAN v. HUSTON

No. 55850.

215 N.W.2d 223 (1974)

In the Matter of the ESTATE of Emma A. WITTMAN, Deceased, Socorro G. Simmering, Appellant, v. H. Lee HUSTON, Executor of the Estate of Emma A. Wittman, Deceased, Appellee, Bernadell Foutz et al., Heirs of Jake Simmering, Jr., Appellees.

Supreme Court of Iowa.

February 20, 1974.


Attorney(s) appearing for the Case

Terrence L. Mealy, Muscatine, and W. O. Weaver, Wapello, for appellant.

Thomas E. Perry, Columbus Junction, for appellee H. Lee Huston.

Joseph P. Weaver, El Reno, Okl., and William L. Matthews, of Hicklin & Matthews, Wapello, for appellees Bernadell Foutz, and others.

Heard by MOORE, C. J., and RAWLINGS, REYNOLDSON, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

Claimant Socorro G. Simmering appeals the dismissal of her claim against the estate of Emma A. Wittman. We affirm.

Claimant alleged in her claim she is the surviving spouse and sole beneficiary of the estate of Jake Simmering, Jr. (Jake) who died December 11, 1970. She further alleged Jake was sole beneficiary under the will of Emma A. Wittman (Emma) who died February 8, 1972. Emma's will, dated December 13, 1948, included the following...

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